BAKHTAWAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per the record, the appellant was working as Patwari and was dismissed on 29.11.1971. The order of dismissal was given a retrospective effect w.e.f.19.1.1963. This order was challenged by the appellant by filing a Civil Writ Petition No. 2758 of 1972. A Single Judge of this Court vide order dated 2.10.1981 allowed the writ petition to the limited extent and held that the order of dismissal with retrospective effect was legally unsustainable. The relevant observation of this Court in the above noted writ petition reads as under:-

(2.) The trial Court as well as Appellate Court declined the relief of wages on the ground that the similar relief was declined by the Hon'ble Court in the judgment (Ex.P1), part of which has been reproduced above.

(3.) The counsel for the appellant, however, would say that this amounts to misreading of judgment passed by this Court. As per the counsel, there was no direction issued by this Court, while allowing the writ petition to not to grant the pay and allowances for the period from 2.1.1963 to the date of his dismissal i.e. 29.11.1971. As per the counsel, once the order of dismissal was set aside by this Court, the appellant would be entitled to pay and allowances for the period he is to be deemed to be in service.